Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To constitute commission of an offence of abetment of suicide, an element of mens rea is an essential ingredient as abetment involves a mental preparedness with an intention to instigation, provoke, insight or encourage to do an act or a thing - Besides such process of instigation etc., must have close proximity..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - No allegation in suicide note or in challan that deceased and accused either communicated or met with each other after resigning from his job by deceased till his death - Material on record do not suggest mental preparedness of accused with an intention to provoke, incite or instigate deceased to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Evidence regarding catching fire while cooking was not complete - Definitely appellant did not abet the commission of suicide - It was not suicide either - Reason for death thus remains under wraps - That obviously cannot be made the reason for convicting appellant u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence with regard to accused having committed any act which could be said to have goaded/instigated deceased into committing suicide - This gets strengthened by fact that PWs have not stated anything which could throw light on any such material warranting conviction u/s 306 IPC - Accused acquitted u/s 306..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Order framing charge - Pointing out one's illegal act cannot be said an act of abetting to commit suicide - At the most his intention could be to blackmail deceased - No doubt, deceased was under stress - Reason was fake documents used by deceased while purchasing motorcycle - Guilty consciousness of deceased..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be clear mens rea to commit the offence - It also requires an active act or direct act, which led deceased to commit suicide seeing no option and act must have been intended to push deceased into such a position that he/she committed suicide...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Mere mentioning names of accused in suicide note, without particulars of acts committed by them, is not sufficient to implicate accused for offence punishable u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act on part of accused to instigate or aid in committing suicide is necessary - There has to be a clear mens rea to commit offence...........
